(1) Subject to any
other written law, a local government may resolve* to require a person to pay
interest at the rate set in its annual budget on any amount of money (other
than rates and service charges) which —
(a) that
person owes to the local government; and
(b) has
been owed for the period of time referred to in subsection (6).
* Absolute majority required.
(2) A resolution under
subsection (1) is to be included in the annual budget.
(3) The rate of
interest that may be set by the local government under this section is not to
exceed the rate for the time being prescribed as the maximum rate of interest
that may be set for the purposes of this section.
(4) Where a local
government imposes interest under subsection (1) on any outstanding amount of
money the local government is not to also impose an additional charge in
relation to that amount.
(5) Accrued interest
is, for the purpose of its recovery, taken to form part of the money owed to
the local government on which it is charged.
(6) A local government
is not to impose interest on any amount of money under subsection (1) until
the money has been owed to the local government for the period of time set by
the local government in its annual budget (not being less than 35 days) after
the date which is stated on the relevant account for payment as being the date
the account was issued.
(7) Regulations may
provide for the method of calculation of interest.
[Section 6.13 modified: SL 2020/57 1M .]